Holiday Let Licences in Spain - What Building Work Affects Your Licence

Holiday let licences in Spain - how building work affects your registration

Operating a holiday let property in Andalusia legally requires registration as a vivienda de uso turistico with the Junta de Andalucia tourism registry. This registration is granted based on the property meeting specific standards at the time of application. What many expat holiday let owners do not realise is that significant changes to the property - structural alterations, changes to the number of bedrooms, changes to facilities - can affect the status of the licence and may require notification to the tourism registry or in some cases a new application.

The Andalusian holiday let registration framework

In Andalusia, holiday let properties are regulated by the Decreto 28/2016 de Viviendas con Fines Turisticos and subsequent modifications. Registration is required before any commercial letting begins and the property must meet minimum standards including functioning air conditioning or heating appropriate to the season, hot water installation, a fully equipped kitchen, bedrooms with minimum dimensions, a first aid kit, tourist information about the area, and an official complaints book.

The registration confirms the property address, its maximum permitted occupancy, and the specific facilities present at the time of registration. Changes to any of these elements may require updating the registration.

What building work can affect your holiday let licence

• Changes that increase or decrease capacity - converting a room to create an additional bedroom, or removing a bedroom, directly affects the registered maximum occupancy. A property that is let with more guests than its registered capacity is operating illegally and the owner is exposed to significant fines.
• Structural alterations that change the property description - extensions, loft conversions, or other structural changes that alter the total floor area or layout of the property may require the licence to be updated to reflect the new description.
• Addition or removal of significant facilities - adding a pool, installing air conditioning where none was previously registered, or making significant changes to the kitchen or bathroom facilities may need to be reflected in the registration if they affect the standards on which the registration was based.
• Changes that affect habitability standards - any work that affects the property compliance with the minimum habitability standards must be assessed against the licence requirements.

What building work does not affect your licence

Cosmetic renovation including repainting, replacing flooring, updating furniture, and replacing kitchen appliances like-for-like does not affect the holiday let registration provided the property continues to meet the registered standards. Routine maintenance and repair work that maintains the property in its registered condition does not require any notification to the tourism registry.

What to do before carrying out building work on a licensed holiday let

• Review your current licence registration carefully and confirm what is registered in terms of occupancy, room count, and facilities
• Assess whether the planned work will change any of these registered elements
• Consult with a Spanish lawyer or gestor who is familiar with Andalusian holiday let regulations before starting any significant building work
• If the work will change the property description or facilities, contact the Junta de Andalucia tourism registry to understand the notification or reapplication process before starting work

Fines for operating outside licence conditions

Operating a holiday let without registration, with more guests than the registered capacity, or with facilities that do not match the registration is a serious regulatory breach in Andalusia. Fines for infractions range from minor amounts up to 150,000 euros for very serious breaches depending on the nature and severity. The Junta de Andalucia tourism inspection service carries out inspections and acts on complaints from neighbours and competitors.

Finding tradespeople for holiday let renovation

SpainTrades lists registered builders, electricians, plumbers, and other tradespeople across Malaga and the Costa del Sol who have experience working on holiday let properties.

Find vetted tradespeople for your holiday let at www.spaintrades.es

Important note

The information in this article is intended as a general guide to the impact of building work on holiday let licences in Andalusia. It is not legal advice and should not be treated as a complete or definitive account of Andalusian holiday let regulations. These regulations are subject to change and their application to specific situations depends on the facts of each case. Always seek independent legal advice from a qualified Spanish lawyer or gestor familiar with holiday let regulation before carrying out building work on a licensed property. SpainTrades accepts no liability for decisions made on the basis of this article.